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authorities say he does not need to be read his miranda rights. >> right. first of all, let's just remember he may be in no physical condition to answer questions with or without miranda warnings. so his physical condition is the great unknown here which may render this whole dispute about miranda moot. let's assume that he is in a condition to answer questions. usually when someone is arrested, they get miranda warnings, and then they is a choice of whether to answer questions or not. here the government has said when there is an imminent danger to public safety, they can question without miranda warnings. that has traditionally or usually been interpreted to mean a future danger to public safety. the so-called ticking time bomb. tell us what's going to happen in the future, and we're not going to worry about miranda. what makes this an unusual invocation of the public safety exception is that the government is saying there is no more danger. there is no further conspirator out there. the government's position may be somewhat internally contradictory. that's something to keep an eye on as thi
of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states, the plot said to have an alleged connect
to know and interrogate him at this point without reading him his miranda rights. i want you to meet a former deputy assistant director of the fbi's counterterrorism division. you handled practically every high profile case of bombing that we've seen in this country, including the unabomber case and the olympic bombing. thanks so much for being with us. >> good morning, jamie, you're welcome. >> we had chance to talk in the middle of the night the other night. >> we did. >> now we can reflect. we have the suspect in custody. it seems to me this is a huge investigation still, even though there's tons of evidence. you have multiple crime scenes, multiple devices, and a million questions. what will the fbi want to know first? >> well, now the investigation really gets underway, and we talked last night in the middle of the night about the search for the subjects, but now we're really going to focus in on how did these people live? how did they exist? what were they doing in the months and the years preceding these bombings, and particularly in the weeks and days before they actually com
, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
. just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that stands out in
Search Results 0 to 4 of about 5